Dilsai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C. No. 7266 of 2019 • Dilsai S/o Late Guddu Aged About 45 Years R/o Village Madannagar, Police Chowki Khadgawan, Police Station And Tahsil Pratappur, District Surajpur, Chhattisgarh.

---- Applicant

Versus

• State Of Chhattisgarh Through Station House Officer, Outpost Khadgawan, Police Station Pratappur, District Surajpur, Chhattisgarh. ---- Respondent For Applicant :

Mr. D.N. Prajapati, Advocate.

For Respondent :

Mr. Wasim Miyan, P.L.

Hon'ble Smt. Justice Rajani Dubey Order on Board 07.01.2020 • The accused/applicant has moved this first bail application under Section 439 of the Code of Criminal Procedure for releasing him on regular bail during trial in connection with Crime No. 136/2019 registered at Police Station - OutpostKhadgawan, Police Station Pratappur, District Surajpur (C.G.) for the offence punishable under Sections 354, 354(A), 354(B) of IPC.

• The prosecution story in brief is that, the prosecutrix lodged a report at Outpost, Khadgawan, alleging therein that on 24.09.2019 at about 8.00 while she was returning from her uncle's house, at that time, applicant caught hold her sari and stretch it with intention to outrage her modesty. On the basis of that, after investigation, offence has been registered against the applicant and he has been arrested. • Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. He further submits that the applicant is in jail since 25.09.2019

and he is ready to furnish adequate surety ad shall abide by all the directions and conditions, which may be imposed by this Court, theretofore, he may be granted bail. • On the other hand, counsel for the State opposes the bail application.

• I have heard learned counsel for the parties and perused the case diary.

• Taking into consideration the nature and gravity of the offence, facts and circumstances of the case, further considering the detention period of applicant, as the trial is likely to take some time for its final disposal, this Court is of the view that it is a fit case to release the applicant on bail. Accordingly, the application is allowed.

• Accused/applicant is directed to be released on bail on his executing a personal bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the trial Court. He is directed to appear before the said Court on each and every date given to him by the said Court.

Sd/- (Rajani Dubey) Judge Vijay Sahu